Thanks for your help so far. Let me clarify a couple things and copy both letters I received from CIC, the first rejecting my application and the second refusing to consider my appeal - see below.
My worry is about work experience. 37.5 hours/week (or equivalent part time) is required: is this multiplied by 52 weeks (i.e. = 1950). Would I have to demonstrate hour-by-hour work contracts? Thats still a lot of work hours even though I have worked continuously for 5 years -- often the contracts are so small. Any help would be greatly appreciated.
Quoting letter 1:
The Minister of Citizenship, Immigration and Multiculturalism issued instructions which were published in the Canada Gazette on November 5, 2011. These instructions specify that applications from international students who are currently enrolled in a PhD program, or foreign nationals who have completed a PhD program, in a recognized educational institution located in Canada and that are accompanied by the results of the principal applicant’s English or French language proficiency assessment are eligible to be processed in the Federal Skilled Worker class.
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
While the Phd program meets one of the requirements of the Ministerial Instructions now in effect, to be eligible for processing, your work experience must still meet the minimal requirements as defined in subsection 75(2) of the Immigration and Refugee Protection Regulations that states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they, have at least one year of continuous full-time (37.5 hours/week) employment experience as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
I am not satisfied that you meet part B & C of these requirements for the following reasons:
All supporting documentation provided regarding your work experience history was taken into consideration. After reviewing the employment letters from The University of British Columbia, they do not indicate main duties of your work experiences. Therefore, evidence of part B & C cannot be determined.
NOTE: Any work experience listed on schedule 3 of your application that was not supported by employment documentation indicating your main duties and period of employment in that occupation was not accessed.
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
END QUOTE
And the second letter:
This refers to your recent correspondence received at our office requesting reconsideration for your Application for Permanent Residence in Canada under the Federal Skilled Worker Class.
Your application for Permanent Residence in Canada was considered on its substantive merits according to the applicable section of the Immigration and Refugee Protection Act and was refused. Any different or new information that you have submitted cannot be taken into consideration. A letter explaining the reasons for this final refusal decision was sent to you on 2 February 2013, thereby fully concluding your application.
While your Arranged Employment meets one of the requirements of the Ministerial Instructions now in effect, to be eligible for processing, your work experience must still meet the minimum requirement as defined in IRPA regulations of: at least one year, continuous and paid (full-time or the equivalent in part time) work experience in a level O, A or B occupation on the Canadian National Occupations Classifications list ( NOC ) in the 10 years preceding your application. In reviewing your application, I am not satisfied that your work experience meets these requirements. Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required.
Should you have different or additional information, you may wish to submit a new application. NOTE: The letter you submitted from University [XX] you submitted with your response was not part of your original application and thus cannot be used in a re-assessment. You should understand, however, that a new application would require submission of new processing fees and that any such application would be assessed according to the criteria in effect at that time. As a result, no assurance of success can be offered.
